>> DOWNTOWN MILLEDGEVILLE
Following the presentation of the city’s evidence in an uncontested hearing regarding the property at 107 and 115 South Wayne Street, Municipal Court Judge David McRee signed an order to give the building owner the appropriate time allowed by the city code to repair or demolish the vacant structure. Should that not occur, the order authorizes the city of Milledgeville to perform the work, or have it done, with the intent to place a lien on the property.
The issue began in May 2018, when the building’s roof collapsed. The structure owned by All-Star Properties and Investments Inc., with Larry Simmons as registered agent, has stood vacant since then, and the city has spent about $5,500 to erect safety measures during that time, City Manager Hank Griffeth told the judge in the hearing on Wednesday.
The city ultimately filed a Petition to Abate Nuisance April 13 of this year, seeking to have the building torn down due to its dangerous condition. No responsive pleadings to that petition were filed, and no defendant or anyone on their behalf appeared Wednesday.
City Attorney Jimmy Jordan presented the city’s case. He detailed the events from the roof’s collapse and called Griffeth as his only witness. Griffeth went through the efforts to resolve the problem in more detail, including an offer from the city for a loan to the property owner through a loan-revolving fund. Griffeth had said earlier that the parties went through voluntary mediation, and city officials thought an agreement had been reached. The owner, however, failed to follow through on that proposal.
According to Jordan, on Wednesday the city received an appraisal of the building, as it now stands, of approximately $20,000. To do the necessary work to make the building safe would be much more.
“The cost of doing the demolition and securing the common walls of the other structure from the other sides exceeds $200,000,” said Jordan.
Jordan told the court that the applicable statute allows the property owner 60 days to make the necessary repairs and to bring the building up to standards.
“Assuming the property owner does not do it or adequately do it, the city is asking for permission for the court to declare a nuisance, and the city is asking for permission for the city’s work force or some private contractor to go in and clear out the debris and secure the common walls of the other buildings, to at least make it safe and secure,” said Jordan.
The attorney also requested that, should the city be required to perform that work, the court issue an order authorizing the placement of a lien on the property. McRee noted that he would need specific numbers to authorize a lien on the property.
The judge took time to review the proposed order, then recognized that the defendants were properly notified of the hearing and failed to appear.
“I find that the city has met its burden of showing under the particular code of the city and that this property is defective, a danger to the citizens of the community, and dilapidated, and it is in need of either significant repair or to be demolished,” McRee said and ordered that the property perform the necessary work within 60 days. If that does not happen, the city will have the right to step in and take necessary steps to secure the facility.
The order was signed June 7, 2023, with the 60-day period starting then.